Houston Truck Accident Lawyer

After a serious truck crash, get medical help, call 911, document what you can safely, and avoid giving the trucking company’s insurer a recorded statement until you understand your rights. If possible, photograph the truck, trailer, company markings, license plate, and USDOT number, and get witness contact information. Truck cases differ from ordinary car wrecks because key evidence may be controlled by the motor carrier and may not remain available indefinitely. Electronic data can be overwritten, vehicles can be repaired, and video can disappear. In a serious injury case, I want preservation efforts to start as early as practicable. See our 12 steps to take after a Houston truck accident.

Liability may extend beyond the truck driver. Depending on the facts, the trucking company, tractor or trailer owner, maintenance contractor, cargo company, broker, shipper, manufacturer, or another driver may share responsibility. The key is to follow the evidence rather than assume the person behind the wheel is the only responsible party. We look at who hired and supervised the driver, who controlled the trip, who maintained the equipment, how the load was handled, and whether company practices contributed to the crash.

Insurance companies employ tactics such as delays and denials to manage truck accident injury claims. They may request excessive paperwork or conduct lengthy investigations. Making the process frustrating for victims. This can lead victims to accept lower settlements or abandon their claims.

Trucking companies may try to blame you or others for the accident. They might say you share some responsibility, which could reduce the amount of compensation you receive.

Insurance companies offer low amounts to settle claims quickly. They hope that people who need money will accept less than what their damages are worth.

Defense lawyers or insurance investigators might monitor you to find evidence that could harm your case. They use this information to challenge your honesty. The truck accident attorneys at Baumgartner Law Firm in Houston can help protect your rights against these unfair tactics.

Important evidence may include electronic control module data, electronic logging records, GPS and telematics data, dash-camera video, driver qualification files, dispatch records, maintenance and inspection records, cargo documents, phone records, witness statements, and crash-scene evidence. Not every case requires every record. My focus is on finding the evidence that explains why the crash happened and who is responsible. That is why a prompt truck accident investigation can matter in a serious case.

A commercial truck may contain electronic systems that record useful information about the vehicle and the trip, although the available data depends on the truck and its equipment. Potential evidence can include speed, braking, engine activity, fault codes, GPS data, hours-of-service data, and other telematics data. These systems are not identical, and they do not preserve every fact about a crash. The important point is to identify what data exists and seek to preserve it before it is lost or overwritten.

Texas law generally gives an injured person two years to file a personal injury lawsuit, but exceptions can shorten or change the deadline. Texas Civil Practice and Remedies Code Section 16.003 sets the general two-year limitations period for personal injury and wrongful death claims. Claims involving a government entity or other special circumstances may have additional notice requirements or different rules. Waiting is also risky because evidence can disappear long before the limitations period expires. Learn more about filing a truck accident lawsuit in Houston.

Possibly. Under Texas proportionate-responsibility law, a claimant generally may recover damages if the claimant is 50% or less responsible, but the recovery is reduced by the claimant’s percentage of responsibility. Texas Civil Practice and Remedies Code Section 33.001 bars recovery when the claimant’s percentage of responsibility is greater than 50%. Fault disputes are often evidence-driven, so I would not assume an insurer’s initial percentage is correct without examining the crash evidence.

There is no honest average value for a truck accident case. Case value depends on the severity and permanence of the injuries, medical expenses, lost income, future care, pain and impairment, fault, available insurance, and the strength of the evidence. A severe spinal injury or wrongful death case is evaluated very differently from a short-term soft-tissue claim. I prefer to understand the medical picture and liability evidence before putting a value on a serious case. Our truck accident settlement guide explains the factors that usually drive value.

There is no upfront attorney fee to hire Baumgartner Law Firm for a truck accident case. We handle these cases on a contingency fee basis, which means the attorney fee is paid from the recovery if we obtain compensation for you. We explain the fee agreement before you hire us so you know how the arrangement works. You can also review our page explaining the cost of hiring a Houston truck accident lawyer.